§ 100 — Alcoholic beverages generally

New York § 100

• Jurisdiction: New York
• Law ABC: Alcoholic Beverage Control
• Art. 8: General Provisions

Text

§ 100. Alcoholic beverages generally. 1. No person shall manufacture\nfor sale or sell at wholesale or retail any alcoholic beverage within\nthe state without obtaining the appropriate license therefor required by\nthis chapter.\n 1-a. No person shall sell, offer for sale, or otherwise provide for\nthe consumption of any powdered or crystalline alcoholic product.\n 2. No manufacturer and no wholesaler shall sell, or agree to sell or\ndeliver in this state any alcoholic beverage for the purposes of resale\nto any person who is not duly licensed pursuant to this chapter to sell\nsuch beverages, at wholesale or retail, as the case may be, at the time\nof such agreement and sale.\n 2-a. No retailer shall employ, or permit to be employed, or shall\nsuffer to work, on any premises licensed for retail sale hereunder, any\nperson under the age of eighteen years, as a hostess, waitress, waiter,\nor in any other capacity where the duties of such person require or\npermit such person to sell, dispense or handle alcoholic beverages;\nexcept that: (1) any person under the age of eighteen years and employed\nby any person holding a grocery or drug store beer license shall be\npermitted to handle and deliver beer and wine products for such\nlicensee, (2) any person under the age of eighteen employed as a cashier\nby a person holding a grocery or drug store beer license shall be\npermitted to record and receive payment for beer and wine product sales\nwhen in the presence of and under the direct supervision of a person\neighteen years of age or over, (2-a) any person under the age of\neighteen years and employed by a person holding a grocery store or drug\nstore beer license as either a cashier or in any other position to which\nhandling of containers which may have held alcoholic beverages is\nnecessary, shall be permitted to handle the containers if such have been\npresented for redemption in accordance with the provisions of title ten\nof article twenty-seven of the environmental conservation law, and (3)\nany person under the age of eighteen years employed as a dishwasher,\nbusboy, or other such position as to which handling of containers which\nmay have held alcoholic beverages is necessary shall be permitted to do\nso under the direct supervision of a person of legal age to purchase\nalcoholic beverages in the state.\n 2-b. Subject to the provisions of section ninety-nine-f of this\nchapter no retailer shall permit or suffer to appear as an entertainer,\non any premises licensed for retail sale hereunder, any person under the\nage of eighteen years, except that a person under the age of eighteen\nyears may appear as such entertainer, provided that:\n (a) the parents or lawful guardian of such person expressly consent in\nwriting to such appearance;\n (b) the appearance is for a special function, occasion, or event;\n (c) the appearance is approved by and made under the sponsorship of a\nprimary or secondary school;\n (d) the appearance takes place in the presence and under the direct\nsupervision of a teacher of such school; and\n (e) the appearance does not take place in a tavern. Failure to\nrestrain such a person from so appearing shall be deemed to constitute\npermission.\n 3. Nothing contained in this chapter shall be construed to require\nthat any food be sold or purchased with or in order to obtain any\nalcoholic beverage for consumption on the premises where sold.\n 4. Alcoholic beverages may be sold to be consumed on the premises at a\nbar, counter or similar contrivance. Only one such bar, counter or\ncontrivance shall be permitted in any licensed premises, except that not\nmore than two additional bars, counters or contrivances may be permitted\nby the liquor authority for good cause shown to it, and upon the payment\nto it of a fee, for each additional bar, equivalent to the amount of the\nannual license fee paid by the licensee or, in the case of an additional\nbar, counter or contrivance operated on a seasonal basis, a fee\nequivalent to the amount of the annual license fee paid by the licensee\nprorated for the number of months that the seasonal bar is in operation.\nProvided however that:\n (a) if the licensed premises is a legitimate theatre or concert hall,\nor contiguous to and used in conjunction with a legitimate theatre or\nconcert hall, additional bars, counters or contrivances may be permitted\nby the liquor authority upon payment to it of an annual fee of one\nhundred dollars for each such additional bar, counter or contrivance so\npermitted, in addition to the annual license fee paid by such licensee;\n (b) if such licensed premises be located at a baseball park, race\ntrack, or either outdoor or indoor athletic field, facility, arena or\nstadium, additional bars, counters or contrivances where beer shall be\nsold at retail for consumption on the premises may be permitted by the\nliquor authority, upon payment to it of the annual fee of thirty dollars\nfor each such additional bar, counter or contrivance so permitted, in\naddition to the amount of the annual license fee paid by the licensee;\nand\n (c) temporary portable bars, counters or contrivances shall be\npermitted in a ballroom, meeting room or private dining-room on the\nlicensed premises of a hotel, restaurant or club during such time as\nsaid ballroom, meeting room or private dining-room is used for a private\ndinner, entertainment, meeting or similar affair to which members of the\ngeneral public are not admitted.\n 4-a. At race meetings, authorized by the state gaming commission,\nnotwithstanding any inconsistent provision of law, additional bars,\ncounters or contrivances where alcoholic beverages shall be sold at\nretail for consumption on the premises may be permitted by the liquor\nauthority, upon payment to it of a fee equivalent to the amount of the\nannual or summer license fee paid by the licensee for each such\nadditional bar, counter or contrivance so permitted in addition to the\namount of the annual or summer license fee paid by the licensee.\n 4-b. Notwithstanding any inconsistent provision of law, for venues\nbeing operated or to be operated under a license to sell alcoholic\nbeverages for consumption on the premises, and having a capacity for one\nthousand or more persons, the liquor authority may issue licenses for\nbars, counters, or similar contrivances in such numbers as the authority\nmay determine in the exercise of its discretion.\n 5. No retail licensee for off-premises consumption shall sell, deliver\nor give away, or cause, permit or procure to be sold, delivered or given\naway any alcoholic beverage, other than as provided herein, on credit: a\nretail licensee for off-premises consumption, except a winery licensee,\nmay accept third party credit cards for the sale of any alcoholic\nbeverage for which it is licensed; a winery licensee having the right to\nsell wine at retail for off-premises consumption may accept third party\ncredit cards for the sale of said beverages at the winery premises only;\nand any person duly authorized to sell wine at retail for consumption\noff the premises may sell on credit to any regularly organized church,\nsynagogue or religious organization, wines to be used for sacramental\npurposes only. For purposes of this subdivision, beer and wine products\nthat are delivered and left at the residence of a consumer without\npayment of the balance due thereon shall not constitute a sale on\ncredit.\n 6. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a retail licensee for off-premises consumption may sell,\ndeliver or give away, or cause, permit or procure to be sold, delivered\nor given away any alcoholic beverage on credit to a business or\ncorporation, provided that the business or corporation is permitted to\npurchase from such retail licensee under this chapter. Such credit\nperiod shall not exceed thirty days.\n 7. No licensee shall sell or purchase any receipts, certificates,\ncontracts or other documents issued for the storage of alcoholic\nbeverages except as provided by the rules of the liquor authority. The\nliquor authority shall prescribe such rules for the purchase and sale of\nsuch receipts, certificates, contracts or other documents issued for the\nstorage of alcoholic beverages which, in its opinion, will best\naccomplish\n (1) Elimination of fraudulent and deceptive transactions;\n (2) Protection of purchasers against defaults by sellers;\n (3) The delivery of the alcoholic beverages represented by such\nreceipts or documents, and\n (4) The payment of all taxes due thereon to the state.\n 8. Within ten days after filing a new application to sell liquor at\nretail under section sixty-three of this chapter, a notice thereof, in\nthe form prescribed by the authority, shall be posted by the applicant\nin a conspicuous place at the entrance to the proposed premises. The\napplicant shall make reasonable efforts to insure such notice shall\nremain posted throughout the pendency of the application. The provisions\nhereof shall apply only where no retail liquor license has previously\nbeen granted for the proposed premise and shall, specifically, not be\napplicable to a proposed sale of an existing business engaged in the\nretail sale of liquor. The authority may adopt such rules as it may deem\nnecessary to carry out the purpose of this subdivision.\n 9. (a) Within ten days after filing a new application or an\napplication for renewal to sell liquor under section sixty-four,\nsixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d or sixty-four-e\nof this chapter, a notice thereof shall be posted by the applicant in a\nconspicuous place at the entrance to the establishment or proposed\nestablishment where it can be easily read by passers-by. Said notice\nshall be in a form prescribed by the authority, provided however that\nsaid notice shall be either printed or highlighted in a pink ink of a\nneon, luminous or fluorescent variety. The notice shall specify the\napplication date, the type of license, any identifying number assigned\nby the authority, if available at the time of posting such notice, and\nhow to contact the state liquor authority to give a response to the\napplication. The applicant shall make reasonable efforts to insure such\nnotice shall remain posted throughout the pendency of such application.\nAdditionally, within ten days of the applicant's receipt of a written\nrequest from the authority, the applicant shall re-post such notice. The\nauthority may adopt such rules as it may deem necessary to carry out the\npurpose of this paragraph.\n (b) Within ten days of the applicant's receipt of written notice of a\nhearing scheduled pursuant to section sixty-four, sixty-four-a or\nsixty-four-c of this chapter, the applicant shall post a copy of such\nnotice in a conspicuous place at the entrance to the establishment or\nproposed establishment where it can be easily read by passers-by. This\nnotice shall include in clear and concise language a statement of the\nuse and capacity of the establishment. The applicant shall make\nreasonable efforts to insure such notice shall remain posted until the\ndate of the hearing or public meeting specified in such notice.\nAdditionally, within ten days of the applicant's receipt of a written\nrequest from the authority, the applicant shall re-post such notice. The\nauthority may adopt such rules as it may deem necessary to carry out the\npurpose of this paragraph.\n